Protecting minorities in the Conference on Security and Co-operation in Europe (CSCE) process

1994 ◽  
Vol 2 (1) ◽  
pp. 7-34 ◽  
Author(s):  
Jan E. Helgesen

AbstractThis article gives an analysis of the protection of minorities in the CSCE documents. It explains the historical evolution of the set of norms pertaining to the minority question in the CSCE Process. The author shows how this kind of questions, form the beginning, played a modest role in the crusade for the protection of human rights. Emphasis was on the protection of the individual, not on the group as such. Gradually, however, more importance has been given to the protection of minorities. The author is convinced that the CSCE is an interesting option for those wanting to enhance the international protection of the rights of minorities. He puts particular emphasis on the establishment of the CSCE High Commissioner on National Minorities.

2021 ◽  
Vol 117 (4) ◽  
pp. 26-35
Author(s):  
MYKHAILOVSKYI Victor

Background. The problem of protecting human rights has existed throughoutthe existence of mankind. Modern globalization affects the effectiveness of international institutions in the field of human rights. After all, the rapid processes of development and adoption of international documents in the field of human rights require not only worldwide recognition, but also unquestioning implementation. In this regard, the study of the mechanism for exercising the powers of the UN Human Rights Council in the temporarily occupied territories of Crimea and Donbas is especially relevant. The aim of the article is to establish a mechanism for exercising the powers of the UN Human Rights Council to respect and ensure human rights in Ukraine, in particular in the temporarily occupied territories of Crimea and Donbas. Materials and methods. Both general and special legal methods of cognition were used during the research. The normative basis of the study were international treaties, international law and the work of domestic and foreign scientists. Results. International protection of human rights is one of the most important branches of public international law. The creation of the United Nations has opened a new page in the field of human rights institutions. In order to promote and ensure human rights in Ukraine, in particular in the temporarily occupied territories of the Autonomous Republic of Crimea and Donbas, the UN Human Rights Council implements a number of mechanisms: closely cooperateswith the UN High Commissioner for Human Rights. periodic inspections. The UN Human Rights Council serves as a forum for discussing thematic issues on all human rights. Thus, within the high-level segment of the UN Human Rights Council, on February 23, 2021, for the third year in a row, the UN General Assembly debated on the agenda item «Situation in the Temporarily Occupied Territories of Ukraine» initiated by our state. Within the framework of this event, support for the sovereignty and territorial integrity of Ukraine was expressed. Conclusion. Ukraine’s cooperation with the UN Human Rights Council is increasing pressure from the international community to respect the rights of indigenous peoples, national minorities, social human rights, democracy and the rule of law. During the Russian aggression on the territory of Ukraine, the UN Human Rights Council adopted a resolution «Cooperation with Ukraine and its assistance in the field of human rights», an agreement was concluded between the Government of Ukraine and the Office of the UN High Commissioner for Human Rights. Ukraine. Thus, despite the recommendatory nature of the powers of the UN Human Rights Council, this international institution significantly affects the level of human rights in the temporarily occupied territories of Ukraine, and contributes to the further development of human rights in Ukraine. Keywords: human rights, UN Commission on Human Rights, UN HumanRights Council, Office of the UN High Commissioner for Human Rights, UN Human Rights Monitoring Mission.


1948 ◽  
Vol 10 (2) ◽  
pp. 174-189 ◽  
Author(s):  
Georg Schwarzenberger

The international protection of human rights has in recent years become a prominent topic in the literature on international law and on the agenda of international conferences. The explanation for this is not far to seek. The experiences of two world wars and the ‘oppression of dictators’ would in themselves be sufficient reasons for such interest. Re-assertion of the inalienable rights of man serves as a reminder of the truth that man is not meant to be merely a means to the attainment of transient ends. Though the academic character of the many schemes propounded is only too apparent, they evoke sympathy; for they voice widely-felt anxiety over the ever-increasing pressure of organized groups upon the individual, the ultimate basis of life in national and international society. Charters of human rights, suitably formulated in the abstract, have also an undeniable utility value in war and peace. They provide a convenient common denominator for allies who are primarily united in negatives, that is to say, by common enmity towards their adversaries. Once victory has eliminated the unifying element, the functions of such wartime ideologies change. They become ‘artillery of popular excitation’ in the peacetime struggles of world power politics and, like religion in former times, a ‘cloak to shadow divers factious designes.’


2020 ◽  
Vol 3 (1) ◽  
pp. 50-59
Author(s):  
Farhod Khatamov ◽  

This scientific article analyzes the origin of the concept of "human rights", its historical evolution and role in the political development of society. Scientific conclusions were made by summarizing the interpretations of various periods and historical stages. The study also emphasizes that the protection of human rights and freedoms occupies a special place in the development of human civilization


1994 ◽  
Vol 28 (3) ◽  
pp. 580-590
Author(s):  
Jan Niessen

In the 1970s, during the Cold War era, European and North American states began a dialogue in Helsinki which became known as the Conference on Security and Cooperation in Europe (CSCE), or the Helsinki process. For Western states the CSCE served as a platform to raise questions related to security in Europe and the protection of human rights and fundamental freedoms. Eastern European states considered the CSCE as a means to secure the postwar borders and an opportunity to discuss economic and scientific cooperation. Today, 51 European States, plus the United States of America and Canada, participate in this process. Notwithstanding the many and often intense political tensions between the West and the East during those twenty years, quite a number of conferences, seminars and other meetings were held and a great many agreements were adopted and documents issued, dealing with matters related to CSCE's three main areas of concern: security in Europe; cooperation in the fields of economics, science, technology and environment; the promotion of human rights. In response to the fundamental changes in Europe in the late 1980s, the CSCE was given a new impetus and its operational framework was broadened. CSCE offices were established in Prague (CSCE Secretariat), Vienna (Conflict Prevention Center) and Warsaw (Office of Democratic Institutions and Human Rights) with the aim to strengthen and monitor compliance with CSCE commitments, especially in the area of human rights. A Parliamentary Assembly was established and met twice, first in Budapest and then in Helsinki. A General Secretary and a High Commissioner on Minorities were appointed, with offices in Vienna and The Hague, respectively.


AJIL Unbound ◽  
2017 ◽  
Vol 111 ◽  
pp. 193-195
Author(s):  
Elspeth Guild

Fleur Johns' thesis about the increasing role of data in the verification of the condition of the world and how this impacts on international law is stimulating and bears reflection. This is an extremely interesting and innovative approach to the issue of data and its role in state engagement with mass migration. From the perspective of a scholar on international refugee law, a number of issues arise as a result of the analysis. One of the contested aspects of mass migration and refugee protection is the inherent inconsistency between two ways of thinking about human rights—the first is the duty of (some) international organizations to protect human rights in a manner which elides human rights and humanitarian law, and the second is the right of the individual to dignity, the basis of all human rights according to the UN's Universal Declaration of Human Rights of 1949. The first enhances the claims of states to sovereign right to control their borders (mediated through some international organizations), while the second recognizes the international human rights duties of states and international organizations to respect the dignity of people as individuals (including refugees). Fleur is completely correct that human rights abuses are at the core of refugee movements. While there are always many people in a country who will stay and fight human rights abuses even when this results in their sacrifice, others will flee danger trying to get themselves and their families to places of safety; we are not all heroes. Yet, when people flee in more than very small numbers, state authorities have a tendency to begin the language of mass migration. The right to be a refugee becomes buried under the threat of mass migration to the detriment of international obligations. Insofar as mass migration is a matter for management, the right of a refugee is an individual right to international protection which states have bound themselves to offer.


Author(s):  
Nina I. Karpachova

The task of this paper is to study the role of international human rights organizations in response to the conflict taking place in eastern Ukraine. The study is based on recent reports from the Office of the UN High Commissioner for Human Rights and the OSCE on Ukraine. The relevance of the stated topic is determined by the situation with human rights violations in the armed conflict in Ukraine and the significant role of international human rights organizations, making active efforts to resolve it. The purpose of this study is to determine the main aspects of the role that international organizations play in resolving this range of issues. This will help to identify potential opportunities to tackle the problem with human rights violations in the Ukrainian territories. The study combines quantitative and qualitative research of the entire spectrum of issues brought into the subject. The main results obtained are: analysis of the role and place of international human rights organizations in assessing the situation with the conflict in the Ukrainian territories and obtaining statistical information on the current status of human rights violations in these territories. The value of this paper lies in obtaining practical recommendations for finding ways to peacefully resolve the conflict in the East of Ukraine and implementing comprehensive measures to create conditions for the protection of human rights in this region


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